On Ratification of the Protocol on Amendments to the Agreement on the Procedure for the Protection of Confidential Information and Responsibility for its Disclosure when Exercising the Powers of the Eurasian Economic Commission to Monitor Compliance with the Uniform Rules of Competition dated November 12, 2014

The Law of the Republic of Kazakhstan dated March 16, 2022 No. 110-VII SAM.

      To ratify the Protocol on Amendments to the Agreement on the Procedure for the Protection of Confidential Information and Responsibility for its Disclosure when Exercising the Powers of the Eurasian Economic Commission to Monitor Compliance with the Uniform Rules of Competition dated November 12, 2014, signed in Moscow on February 17, 2021.

     President of the Republic of Kazakhstan

K. TOKAEV

PROTOCOL on Amendments to the Agreement on the Procedure for the Protection of Confidential Information and Responsibility for its Disclosure when Exercising the Powers of the Eurasian Economic Commission to Monitor Compliance with the Uniform Rules of Competition dated November 12, 2014    

     (Entered into force on May 11, 2022, Bulletin of International Treaties of the Republic of Kazakhstan 2022, No. 3, Article 11)  

      Member States of the Eurasian Economic Union        

      subject to the provisions of the Treaty on the Eurasian Economic Union of May 29, 2014    

      have agreed on the following:        

Article 1    

      To make the following amendments to the Agreement on the Procedure for the Protection of Confidential Information and Responsibility for its Disclosure when Exercising the Powers of the Eurasian Economic Commission to Monitor Compliance with the Uniform Rules of Competition dated November 12, 2014:

     1) in the name, replace the word "unified" with the word "common";

     2) the preamble should be worded as follows:

     "The member States of the Eurasian Economic Union, hereinafter referred to as the Member States,

      based on the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter referred to as the Treaty),

     have agreed on the following:";

      3) in article 1:

      In paragraph 1, the words "authorities of the Parties" should be replaced by the words "authorities of the member States", the words "persons of the Parties" should be replaced by the words "persons of the member States", the words "Agreements on competition" should be replaced by the word "Contracts";

      In paragraph 2, replace the word "Parties" with the word "Member States";

      4) in article 2:

     In the third paragraph, the word "protected" should be replaced by the words "access to which is restricted in accordance with", the word "Parties" should be replaced by the word "Member States";

     In the eighth paragraph, the words "Agreement on Competition and the Agreement on the Commission" should be replaced by the word "Agreement";

      5) in article 3:

      In the first paragraph of paragraph 1, the word "common" should be replaced by the word "common", the word "Parties" should be replaced by the words "member States", the words "Section IV of the Competition Agreement (hereinafter referred to as the competition rules) and the Criteria for classifying the market as cross-border, approved by Decision of the Supreme Eurasian Economic Council of December 19, 2012 No. 29" replace with the words "Section XVIII of the Treaty (hereinafter referred to as the rules of competition) and the criteria for classifying the market as cross-border, established by the Supreme Eurasian Economic Council";

      in paragraph 3:

     after the words "in order to work with documents of limited distribution", add the words "(confidential and for official use)";

     the words "in accordance with the Commission Agreement" should be deleted;

      in paragraph 5:

     The first paragraph should be worded as follows:

     "5. Confidential information received by the Commission within the framework of exercising its powers to monitor compliance with competition rules from legal entities and individuals of the member States, authorities of the member States whose competence includes the implementation of competition (antimonopoly) policy (hereinafter referred to as authorized bodies), and other public authorities of the member States may be used by the Commission exclusively in the purposes for which such information was provided.";

     in the second paragraph, replace the words "persons of the Parties" with the words "persons of the member States", replace the words "authorities of the Parties" with the words "authorities of the member States", replace the words "Agreement on Competition" with the word "Contract";

     In the third paragraph, the words "one Party" should be replaced by the words "one Member State", the words "the other Party" should be replaced by the words "another Member State";

      6) in article 4:

      In subparagraph 2 of paragraph 1, the word "employees" should be replaced by the words "officials and employees";

      In paragraph 2 and the second paragraph of paragraph 3, the word "Employees" should be replaced by the words "Officials and employees";

      7) in the text of Article 5, the word "Party" in the appropriate number and case should be replaced by the words "Member State" in the appropriate number and case;

      8) in article 6:

      In paragraph 1, the word "employees" should be replaced by the words "officials and employees", the words "Contract on the Commission" should be replaced by the word "Contract";

      in paragraph 2:

     in the second paragraph, replace the words "Commission Agreement" with the word "Agreement";

     in the third paragraph, replace the word "employee" with the words "official or employee";

      in paragraph 3:

     in the first paragraph, replace the words "and employees" with the words ", officials and employees";

     In paragraphs three and four, the words "legislation of the Party" should be replaced by the words "legislation of the Member State", the word "which" should be replaced by the word "which", the words "this Party" should be replaced by the words "this Member State";

      in paragraph 4:

     In the first paragraph, replace the words "with the Parties" with the words "with the Member States";

     In the second paragraph, the word "Parties" should be replaced by the words "Member States", the words "States of the Parties" should be replaced by the words "Member States";

      9) in article 7:    

      The first paragraph of paragraph 1 of Article 7 shall be worded as follows:

     "1. The authorized body ensures the protection of confidential information received by it from the Commission and is responsible for its disclosure in accordance with the legislation of its member State.";

      In paragraph 2, replace the words "Competition Agreement" with the word "Contract";

      10) in article 8:

      In paragraph 1, replace the word "Parties" with the words "Member States";

      Paragraph 2 should be worded as follows:

     "2. Disputes between the Member States related to the interpretation and/or application of the provisions of this Agreement shall be resolved in accordance with the Treaty.";

     add paragraph 3 as follows:

     "3. This Agreement is an international agreement concluded within the framework of the Eurasian Economic Union and is included in the law of the Eurasian Economic Union.";

      11) In Article 9, the word "Parties" should be replaced by the words "Member States";

     12) in the second paragraph of the final part, the words "each Party" should be replaced by the words "each Member State".

Article 2

      This Protocol shall enter into force on the date of receipt by the depositary of the last written notification on the implementation by the member States of the Eurasian Economic Union of the internal procedures necessary for its entry into force, but not earlier than the date of entry into force of the Protocol on the Accession of the Republic of Armenia to the Agreement on the Procedure for the Protection of Confidential Information and Responsibility for its Disclosure in the Exercise of Powers by the Eurasian Economic Commission to monitor compliance with the Uniform Rules of competition dated November 12, 2014, signed on December 3, 2018.                

     Done in Moscow on February 17, 2021, in one original copy in the Russian language.

     The original copy of this Protocol shall be kept in the Eurasian Economic Commission, which, as the depositary of this Protocol, will send a certified copy to each member State of the Eurasian Economic Union.

For the Republic of Armenia

For the Republic of Belarus

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Russian Federation

      I hereby certify that this text is a complete and authentic copy of the Protocol on Amendments to the Agreement on the Procedure for the Protection of Confidential Information and Responsibility for its Disclosure when Exercising the Powers of the Eurasian Economic Commission to Monitor Compliance with the Uniform Rules of Competition dated November 12, 2014, signed on February 17, 2021 in Moscow.:

     for the Republic of Armenia - Deputy Prime Minister of the Republic of Armenia Mikhail Grigoryan;

     for the Republic of Belarus - Deputy Prime Minister of the Republic of Belarus I. V. Petrishenko;

     for the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan - A. A. Smailov;

     for the Kyrgyz Republic - First Deputy Prime Minister of the Kyrgyz Republic A.E. Novikov;

     for the Russian Federation - Deputy Chairman of the Government of the Russian Federation - A. L. Overchuk.

     The original copy is kept at the Eurasian Economic Commission.

     Director

Legal Department

Of the Eurasian Economic Commission

V. I. Taraskin

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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